HomeMy WebLinkAbout08-Animal Control
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Jon Cicirelli
Director fPo 1:5' ~ ~fJ
Animal Control \S' ~ ~ U
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Subject: AN ORDINANCE OF
THE CITY OF SAN BERNARDINO
AMENDING TITLE SIX OF THE SAN
BERNARDINO MUNICIPAL CODE
RELATING TO ANIMALS
Dept:
Date: November 13, 2001
Synopsis of Previous Council Action:
8/9/2001 - Legislative Review Committee reviewed ordinance changes to Municipal Code. A
public meeting was scheduled to hear citizen feedback to the proposed changes.
10/4/2001- Legislative Review Committee conducted public hearing and directed staff to
incorporate changes that were suggested by concerned citizens.
11/8/2001 - Legislative Review Committee examined final draft ordinance and recommended
the proposed changes to Council for November 19, 2001.
Recommended Motion:
1)
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That said ordinance be laid over for final adoption.
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Signature
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Contact person:
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Supporting data attached: StafT report
Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
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Finance:
Council Notes:
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Agenda Item
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: An ordinance amending Title 6, Animals, of the San Bernardino Municipal Code
relating to the animal control ordinances.
Background:
Attached is the final version of the suggested changes to Title 6, Animals, of the Municipal
Code. These changes have received extensive review from the animal control staff, the Animal
Control Commission and the Humane Society of San Bernardino Valley. Several citizens also
made contributions. These changes were drawn from many states and cities around the country
as well as cities and counties within California. In addition, staff relied on years of experience in
the field to help compile these new ordinances. The intent of these proposed changes is to place
the responsibility of pet ownership with the individual pet owner and to encourage compliance.
While many of the changes are for clarity and contemporary meanings, there are some
significant recommendations.
In general, the major changes being proposed are:
1. DEFINITIONS. Many definitions have been added to the beginning of the Title. These use
current accepted standards and apply to all of the codes. Defining items such as adequate
shelter, space and care allow the codes to be specific as to what constitutes minimal standard
care. The most significant changes in this section are:
. Adequate shelter - currently there are no provisions in the code that directly address the
shelter requirements for animals. This definition specifies the minimum shelter standards.
. Adequate care - defines the minimum care an owner is expected to provide for an animal.
This includes items like feeding, watering, veterinary care as needed, and shelter.
. Abandon - defines an abandoned animal as one which has not received minimal care for a
period of 48 hours
. Adequate space - defines the minimum space that must be provided for an animal, including
a minimum of an 8 foot lead for a dog tied on a lead or rope.
. Properly cleaned -lists minimum standards for cleanliness within an animal's primary
enclosure. The primary enclosure is also defined as being any structure used to house an
animal. For dogs that are tied out this means the entire area they have access to.
2. NOISY ANIMALS. This section is designed to bring animal noise violations into Title 6
where they can be heard by the City Hearing Officer.
3. CARE OF ANIMALS BY OWNER. This section incorporates many of the new
definitions and establishes what an owners minimum responsibilities are when caring for an
animal. These include the provision of adequate food, water and shelter as well as exercise,
space and vet treatment as needed.
4. LIVESTOCK. These sections were changed to make the intent and the language clear,
specifically as it relates to species names. There are also changes to the minimum distance
(
that an owner can keep livestock to other buildings. In addition, uncastrated equines
(stallions) have more strict requirements for housing due to their tendency to be aggressive.
5. FOWL AND PIGEONS. A section was added to this section making it illegal for an owner
to allow their birds to run/roamlfly loose. Other sections limit the number of birds that an
owner may keep near other properties. In addition, there is a recommendation to restrict the
ownership of roosters. The new code recommends that roosters can not be kept within 200
feet of any building where humans live. The new rooster code also recommends that no
more than 2 roosters may be kept on any lot or site in the city.
6. WILD AND EXOTIC ANIMALS. This section defines a wild and exotic animal as well as
prohibits any animal prohibited by state or federal law. In this manner, pet stores may
continue selling exotic animals that are permitted by law, but it allows the City to control
those animals that are not legal.
7. DOGS. ANIMALS IN VEHICLES. This section seeks to require owners to adequately
confine or restrain animals that are being transported. Section 6.24.060 seeks to establish a
minimum amount of square feet (100) that a dog must have access to when kept outside.
8. DANGEROUSNICIOUS DOGS. This section is adopted from the state codes with one
major change. A dog that kills another companion animal, or bites a person, may be subject
to the restrictions on the first offence (the state code requires two offenses). The other reason
for incorporating this law in the Municipal Code is that the Hearing Officer may decide these
cases.
9. CATS. This is a new chapter that seeks to regulate cats, which are currently unregulated.
The suggested limit on the number of cats a person may own is five (5). There is also a
fancier permit that would allow a resident to have more than five cats under certain permit
guidelines. The guidelines are lot size and prior animal violation history.
The Animal Control Commission met to discuss these revisions on March 14, May 2, 16,30, and
June 20, July II, October 10 and October 24,2001. Deputy City Attorney Suzanne Bryant has
also reviewed these recommendations and participated in the discussion. The Legislative
Review Committee reviewed the suggested changes on August 9, 2001. On October 4,2001, the
Legislative Review Committee held a public hearing in order to receive preliminary feedback on
the proposed ordinance changes. There were 45 speakers and 17 e-mails, faxes and letters
submitted in response to this public hearing. The following concerns and suggestions were
provided by various public speakers and the resultant changes were proposed:
Pigeons: Several citizens spoke about pigeons as a hobby and were concerned that the proposed
legislation would be too restrictive to continue their hobby in the City.
Staff response: A chapter has been added to the proposed changes that allow the hobby of
keeping pigeons to continue in San Bernardino. This new chapter establishes a permit process
for those residents who would like to engage in keeping pigeons and requires responsible
t
ownership in order to keep the permit. The Animal Control Commission has reviewed and
endorsed this new chapter regarding pigeons.
Roosters: Some of the speakers raised concerns about the proposed restrictions imposed on
owners of roosters. The proposal is to limit the number of roosters on any city lot to two and, if
an owner wishes to keep roosters, that they must keep them at least 200 feet from any human
dwelling. Current law allows up to 24 roosters to be kept as close as 50 feet to any human
dwelling and an unlimited number may be kept if they are at least 100 feet from any human
dwelling. Of the five people who spoke specifically about keeping roosters, only one was a
resident of the City of San Bernardino. His concern was that limiting the number of roosters
would eliminate programs designed for children that teach proper animal husbandry (such as 4H
and FF A).
Staffresponse: In order to accommodate educational programs, an exemption has been added to
allow organizations to continue offering courses in animal husbandry. These programs would be
registered with the animal control division and would be required to maintain compliance with
any laws governing the proper care of animals. The Animal Control Commission supports this
addition.
Noise: There were residents who raised concerns about a new proposed noise ordinance. The
main concern was that the criteria was not objective enough and would encourage one-sided
enforcement.
Staff response: No changes were made to the ordinance as proposed. Barking is a subjective
violation and does not lend itself to strict interpretation. All matters would be brought before the
Hearing Officer and staff recommendations would be that the affected parties work toward a
solution. Animal control officers would not issue citations for violations under the proposed
changes. The animal control division would facilitate complaints, but residents would be
required to argue their own individual cases before the Hearing Officer.
Tethering dogs: Several residents expressed their desire to see a "no tethering law" added to the
proposed changes. Many people expressed that it was cruel to keep a dog on a chain
permanently and that the proposed 8-foot minimum length chain was too short.
Staff response: No changes were made to the ordinance as proposed. Staff agrees that
permanently chaining a dog is cruel, but does not believe that this is a practical change at this
time. Many residents are renters in the city and would not attempt to fix the fences surrounding
their property. The proposed minimum length (8-ft) allows a dog access to 200 square feet of
space.
Cats: Residents who spoke about cats were mixed in their opinions. Some felt that any laws
regarding cats are unenforceable. Others felt that all cats should be spayed and neutered or kept
indoors permanently. One person suggested a public education campaign. Others suggested that
the proposed limit of 5 cats would prohibit responsible breeders or rescuers from operating in the
city.
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Staff response: A change was added to the proposed cat limits. This change would allow
residents to receive a fancier's permit to keep more than 5 cats. This permit would require that
the owner must remain in good standing with all laws regarding the care of their animals, allow
for inspections by animal control and abide by lot size restrictions. This change is in contrast to
the proposed changes by the Animal Control Commission. The Commission would like the cat
limits lowered to 3 per owner and that the permit also require that all cats, above the limit of 3
and who are free-roaming, be spayed or neutered. The commission also suggests that a
maximum limit of 10 cats be proposed for any household.
Other: Some concerns were not widely supported by those in attendance but should be
mentioned.
One person wanted a law, which would limit the number of dogs in mobile parks. Staff does not
feel that we may legally limit the dogs in certain areas of the city without limiting them
throughout the rest of the city. The current dog limit is three. Persons who want special limits in
private areas may be able to convince the landowners to limit pet numbers, but it should not be
public policy.
Another person felt that instead of legislating against cats, we should encourage outdoor cat
colonies. Currently this is not the policy of the animal control division. Staff does work with cat
"collectors" to help find homes or trap cats that are present in large numbers. In the future, if it
was decided to promote cat colonies, staff feels that it should be a policy decision rather than a
proposed ordinance.
The penalties for all violations are $100 for the first offense, $200 for the second offense and
$500 for the third offense in any 12-month period. A fourth offense in a 12-month period may
be punishable as a misdemeanor.
Fiscal Impact: None
Recommendation: That said ordinance be laid over for final adoption.
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I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4 ORDAIN AS FOLLOWS:
5 SECTION 1. Title 6 of the San Bernardino Municipal Code is hereby amended in its
entirety to read as follows:
6
7
Title 6
ANIMALS
8 Chapters:
6.01 General Provisions.
9 6.02 Noisy Animals.
6.03 Keeping of Non-Equine Livestock.
10 6.04 Horses.
6.05 Fowl.
11 6.06 Pigeons.
6.07 Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity.
12 6.08 Dogs.
6.09 Vicious and Potentially Dangerous Dogs.
13 6.10 Cats.
6.11 Quarantine.
14 6.12 Police Dogs.
6.13 Enforcement - Penalty.
15 6.14 Administrative Citations.
.
16
17
Chapter 6.01
GENERAL PROVISIONS
Section:
18 6.01.010
6.01.020
19 6.01.030
6.01.040
20 6.01.050
6.01.060
21 6.01.070
6.01.080
22 6.01.090
6.01.100
23 6.01.110
6.01.120
24 6.01.130
6.01.140
25 6.01.150
26 III
. 27 III
28 III
19. _ _'" d
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Findings.
Definitions.
Applicability of Title.
Fee Schedules.
Construction of Buildings to Prevent Escape.
Care of Animals by Owner.
Protection of Public.
Ventilation.
Commercial Animal Runs.
Examination and Treatment by Veterinarian.
Correction of Violations.
Denial of License or Permit.
Administration and Enforcement of Title.
Abandonment of Animal.
Authority to Apprehend Livestock - Fees.
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
6.01.010
Findings.
4 The Mayor and Common Council find that, in order to protect the residents of the City of
San Bernardino, and in order to protect the welfare of the animals within the City, the following
5 minimum standards of care for animals within the City of San Bernardino shall be established and
enforced to encourage responsible animal ownership.
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6.01.020 Definitions.
The following words as used in this Title shall have the following meanings:
A.
"Abandon" means to desert, forsake, or absolutely give up an animal without having
secured another owner or custodian for the animal or by failing to provide the elements of
basic care as set forth in 96.01.060 for a period of 48 hours or more.
B.
"Adequate care" or "care" means the responsible practice of good animal husbandry,
handling, production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, grooming, the provision of veterinary care when needed to
prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for
the age, species, condition, size and type of the animal.
C.
"Adequate exercise" or "exercise" means the opportunity for the animal to sufficiently
move to maintain normal muscle tone and mass for the age, species, size and condition of
the animal.
D.
"Adequate feed" means access to, and the provision of, food which is of sufficient quantity
and nutritive value to maintain each animal in good health; is accessible to each animal; is
prepared so as to permit ease of consumption for the age, species, condition, size and type
of each animal; is provided in a clean and sanitary manner; is placed so as to minimize
contamination by excrement and pests; and is provided at suitable intervals for the species,
age, and condition of the animal, but at least once daily, except as prescribed by a
veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for
the species.
"Adequate shelter" or "shelter" means provision of, and access to, shelter that is suitable
for the species, age, condition, size, and type of each animal; provides adequate space for
each animal; is safe and protects each animal from injury, rain, hail, direct sunlight,
standing water, the adverse effects of heat or cold, physical suffering, and impairment of
health; is properly cleaned; enables each animal to be clean and dry, except when
detrimental to the species; and for dogs and cats, provides a solid surface, resting platform,
pad, floor mat, or similar device that is large enough for the animal to lie on in a normal
manner and can be maintained in a sanitary manner. Under this Title, kennels whose wire
grid or slat floors do not protect the animal's feet or toes from injury are not adequate
shelter.
E.
F.
"Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie,
turn about, and make all other normal body movements in a comfortable, normal position
for the animal and (ii) interact safely with other animals in the enclosure. When an animal
is tethered, "adequate space" means a tether that permits the actions in (i) and (ii) and is
appropriate to the age and size of the animal according to professionally accepted standards
for the species; is attached to the animal by a properly applied collar, halter, or harness
2
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. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 configured so as to protect the animal from injury and prevent the animal or tether from
becoming entangled with other objects or animals, or from extending over an object or edge
4 that could result in the strangulation or injury of the animal; and is at least eight (8) feet in
length, except when the animal is being walked on a leash or is attached by a tether to a
5 lead line. When freedom of movement would endanger the animal, temporarily and
appropriately restricting movement of the animal according to professionally accepted
6 standards for the species is considered provision of adequate space.
7 G. "Adequate water" means provision of, and access to, clean, fresh, potable water of a
drinkable temperature which is provided in a suitable manner, in sufficient volume, and at
8 suitable intervals, but at least once every twelve hours, to maintain normal hydration for
the age, species, condition, size and type of each animal, except as prescribed by a
9 veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for
the species; and is provided in clean, durable receptacles which are accessible to each
10 animal and are placed so as to minimize contamination of the water by excrement and pests
or an alternative source of hydration consistent with generally accepted husbandry
11 practices.
12 H. "Ambient temperature" means the temperature surrounding the animal.
13 1. "Animal" means any non-human vertebrate species including fish except those fish
captured a.ld killed or disposed of in a manner consistent with contemporary practices.
. 14
J. "Animal shelter" means a facility operated by any locality, for the purpose of impounding
15 or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility
operated for the same purpose under a contract with any county, city, town, or incorporated
16 humane society or society for the prevention of cruelty to animals.
17 K. "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached
to the animal's neck in such a way as to prevent trauma or injury to the animal. A chain
18 is not considered an acceptable collar except during training sessions under the direct
supervision of an owner or handler.
19
L. "Companion animal" means any domestic or feral dog, domestic or feral cat, non-human
20 primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native
animal, reptile, exotic or native bird, or any animal under the care, custody, or ownership
21 of a person or any animal which is bought, sold, traded, or bartered by any person.
Agricultural animals, game species, or any animals regulated under federal law as research
22 animals shall not be considered companion animals for the purposes of this Title.
23 M. "Direct and immediate threat" means any clear and immediate danger to an animal's
health, safety or life.
24
N. "Emergency veterinary treatment" means veterinary treatment to prevent or alleviate
25 suffering, stabilize a life-threatening condition, or to prevent further transmission or
progression of disease.
26
. O. "Enclosure" means structure used to house or restrict animals from running at large or
27 harming themselves and should be of appropriate size for the age, species and condition of
the animal consistent with generally accepted husbandry standards for the species.
28 III
3
. I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 P. "Euthanasia" means the humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death or by a method that involves
4 anesthesia, produced by an agent which causes painless loss of consciousness, and death
during such loss of consciousness.
5
Q. "Exhibitor" means any person or business who shows or handles any animals for public
6 or private purposes.
7 R. "Groomer" means any person, who, for a fee, cleans, trims, brushes, makes neat,
manicures, or treats for external parasites, an animal.
8
S. "Grooming" means maintaining an animal's coat and body condition in an appropriate
9 state for the age and species of the animal, including such things as cleaning, trimming,
thinning, or brushing the coat, manicuring, and removing foreign objects.
10
T. "Housing facility" means any room, building, or area used to contain a primary enclosure
II or enclosures.
12 U. "Humane" means any action taken in consideration of, and with the intent to provide for,
the animal's behavioral and physical health and well being.
13
V. "Kennel" means any establishment in which four or more canines, six or more felines, or
. 14 hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying,
boarding, selling, or showing.
IS
W. "Livestock" includes all domestic or domesticated: bovine animals (cattle type); equine
16 animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine
animals (deer like); caprine animals (goat type); ratite animals (ostrich type); enclosed
17 domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
18
X. "Owner" means any person who (i) has a right of property in an animal, (ii) keeps or
19 harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
20 Y. "Person" means any individual, partnership, firm, joint-stock company, corporation,
association, trust, estate, or other legal entity.
21
Z. "Pet shop" means an establishment where companion animals are bought, sold, exchanged,
22 or offered for sale or exchange to the general public.
23 AA. "Poultry" includes all domestic fowl and game birds bred in captivity.
24 BB. "Primary enclosure" means any structure used to immediately restrict an animal or
animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
25 For tethered animals, the term includes the shelter and the area within reach of the tether.
26 CC. "Properly cleaned" means that carcasses, debris, food, waste, and excrement are removed
. from the primary enclosure with sufficient frequency to minimize the animal's contact with
27 the above-mentioned contaminants; the primary enclosure is sanitized with sufficient
frequency to minimize odors, insects and the hazards of disease; and the primary enclosure
28 is cleaned so as to prevent the animals confined therein from being directly or indirectly
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
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sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals
or disinfectants.
DO. "Properly lighted" means sufficient illumination to permit routine inspections,
5 maintenance, cleaning, and housekeeping of the housing facility, and observation of the
animal; to provide regular diurnal lighting cycles of either natural or artificial light,
6 uniformly diffused throughout the animal facilities; and to promote the well-being of the
animals.
7
EE. "Sanitize" means to make physically clean and to remove and destroy, to a practical
8 minimum, agents injurious to health.
9 FF. "Transportation" or "transport" means the responsible handling, moving or shipping of
animals in the person's ownership, custody or charge, appropriate for the age, species,
10 condition, size and type of the animal.
II GG. "Veterinary treatment" means treatment by, or on the order of, a duly licensed
veterinarian.
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6.01.030 Applicability of Title.
Every per.'on, firm, corporation or other business enterprise within the City who owns,
14 conducts, managf;s, or operates any animal establishment for which special authorization and a
license is required by this Title shall comply with each of the conditions set forth in this Chapter.
15 The owner, manager, or operator of any activity or facility subject to this Title shall be responsible
for any violation of this Title by an employee. (Ord. 3334 (part), 1973; Ord. 821 9507 (part), 1921)
16 (City Attorney Opinion No. 89-1)
17 6.01.040 Fee Schedules.
18 All fees assessed in conjunction with the enforcement of Title 6, Animals, shall be
established by Resolution of the Mayor and Common Council. (Ord. MC-815, 12-16-91; Ord. 3334
19 (part), 1973; Ord. 821 9507(a), 1921 )(City Attorney Opinion No. 89-1)
20 6.01.050 Construction of Buildings to Prevent Escape.
21 Animal buildings and enclosures shall be so constructed and maintained as to prevent the
escape of animals. (Ord. 3334 (part), 1973; Ord. 821 9507(b), 1921)
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6.01.060 Care of Animals by Owner.
Each owner shall provide for each of his or her companion animals:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
Adequate feed;
Adequate water;
Adequate shelter that is properly cleaned;
Adequate space in the primary enclosure for the particular type of animal depending
upon its age, size, species, and weight;
Adequate exercise;
Adequate care, treatment, and transportation; and,
Veterinary care when needed or to prevent suffering or disease transmission.
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 The provisions of this section shall also apply to every animal shelter, dealer, pet shop,
exhibitor, kennel, groomer and boarding establishment.
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5
6.01.070 Protection of Public.
All reasonable precautions shall be taken to protect the public from the animals and animals
6 from the public. (Ord.3334 (part), 1973; Ord. 821 S507(b), 1921)
7 6.01.080 Ventilation.
8 Every building or enclosure wherein animals are maintained shall be properly ventilated
to prevent drafts and to remove odors. Heating and cooling shall be provided as required according
9 to physical needs of the animals and consistent with generally accepted husbandry practices. (Ord.
3334 (part), 1973; Ord. 821 S507(b), 1921)
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6.01.090 Commercial Animal Runs.
Animal runs for commercial operations, such as veterinary clinics or boarding kennels, shall
12 be of approved construction and shall be provided with adequate waste and manure disposal and
for drainage into an approved sewer or individual sewer disposal installation. (Ord. 3334 (part),
13 1973; Ord. 821 S507(i), 1921)
14 6.01.100 Examination and Treatment by Veterinarian.
15 All animals shall be taken to a licensed veterinarian for examination and treatment if so
ordered by the Animal Control Officer. (Ord. 3334 (part), 1973; Ord. 821 S507(j), 1921) (City
16 Attorney Opinion No. 89-1)
17 6.01.110 Correction of Violations.
18 Every violation of applicable regulation shall be corrected within a reasonable time to be
specified by the Animal Control Officer. (Ord. 3334 (part), 1973; Ord. 821 s507(l), 1921) (City
19 Attorney Opinion No. 89-1)
20 6.01.120 Denial of License or Permit.
21 Failure of the applicant for a license or permit to comply with any of the conditions
enumerated in this Title shall be deemed just cause for the denial or revocation of any license or
22 permit, whether original or renewal. (Ord. 3334 (part), 1973; Ord. 821 s507(m), 1921) (City
Attorney Opinion No. 89-1)
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26 B.
6.01.130 Administration and Enforcement of Title.
The Animal Control Division shall administer and enforce this Title and all provisions of
the penal laws of the state relating to cruelty to animals.
In the performance of his or her duties, the Animal Control Director, any Animal Control
Officer, and any authorized employee of the Animal Control Division, shall have the power
and authority to enforce the provisions of this Title, including issuance of notices to appear
pursuant to Chapters 5C and 5D of Part 2, Title 3 (commencing with S853.6) of the Penal
Code, for any offense which is a violation of this Title relating to animals and fowl, or any
A.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 penal law of the State of California relating to cruelty to animals.
(Ord. MC-460, 5-13-85; Ord. 3968 91, 1980; Ord. 3926 9 I, 1980; Ord. 3301, 1972; Ord. 821
4 9515,1921) (City Attorney Opinion No. 89-1)
5 6.01.140 Abandonment of Animal.
6 No owner shall abandon any animal. Nothing in this section shall be construed to prohibit
the release of an animal, by its owner, to an animal shelter, humane society, or society for the
7 prevention of cruelty to animals.
8 6.01.150 Authority to Apprehend Livestock - Fees.
9 A.
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Any livestock other than bovine animals found running at large in the City shall be
apprehended by the Animal Control Officer. The owner of any apprehended livestock shall
pay apprehension fees and daily board and care fees prior to recovering the livestock from
the Animal Control Officer. Apprehension fees and board and care fees shall be set by
Resolution of the Mayor and Common Council. Unclaimed livestock may be disposed of
by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The
Director of Animal Control shall determine minimum bid amounts. Unclaimed livestock
not disposed of by a public sale by sealed bids may be destroyed after seven calendar days.
Any bovine animal found running at large in the City shall be apprehended by the Animal
Control Officer. Within five days of the apprehensiol', the owner of any apprehended
bovine ani"l, 'II shall pay apprehension fees and daily board and care fees prior to recovering
the bovin,~ animal from the Animal Control Office. Apprehension fees and board and care
fees shall be set by Resolution of the Mayor and Common Council.
B.
15
16
17
18
19
20
21
C.
Notice to State Director; Delivery of Unclaimed Bovine Animals to State. Within five days
from the date of apprehension, the Director of Animal Control shall notify the State
Director of Food and Agriculture of any unclaimed bovine animal, horse, mule, or burro,
and shall turn over to the State Director of Food and Agriculture any bovine animal,
pursuantto the provisions of Food and Agricultural Code 9917001, et seq. (Ord. MC-145,
3-15-82; Ord. MC-21, 1981)
Chapter 6.02
NOISY ANIMALS
Sections:
22 6.02.010
6.02.020
23 6.02.030
6.02.040
24 6.02.050
Findings.
Declaration of a Noisy Animal as a Public Nuisance.
Noisy Animal Warning Notice.
Fines and Limits; Appeal.
Other Penalties and Violations.
25 ~.02.010 Findings.
26
27
28
The Mayor and Common Council do hereby find, determine, and declare that the City has
become so closely built up with buildings occupied by human beings for business and dwelling
purposes, and has become so thickly populated that the keeping therein of noisy animals has
become injurious to health, offensive to the senses, and an obstruction to the free use of property
III
7
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 so as to interfere with the comfortable enjoyment oflife and property by the entire community and
neighborhood, and by a considerable number of persons therein.
4
5
6
7
8
9
10
11
12
13
14
15
16
6.02.020 Declaration ofa Noisy Animal as a Public Nuisance.
A.
It is unlawful for any person owning, keeping, harboring or having in his or her care or
custody any dog or other animal, to cause, or permit to be made or caused by such dog or
other animal, barking or making of any noises or other sounds, so as to annoy and become
offensive to resident(s) in the vicinity in which the dog or other animal is kept thereby
disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable
person(s) of normal sensitivity residing in the area, unless such noise or sound is made by
an official police dog or fire dog while on duty.
If, in violation of the provisions of subsection A, any dog or other animal persistently emits
any noisl; or sound in such a manner as to annoy and become offensive to resident(s) in the
vicinity in which the dog or other animal is kept, the Animal Control Division may notify
the owner of the dog or other animal, by issuing a written warning notice advising the
owner of a possible public nuisance. If, within a period of seven days after the issuance of
such notice, the person owning, keeping, harboring, or having in his care or custody said
dog or other animal, has not abated the nuisance, such person shall be liable to enforcement
ofthe provisions ofthis Title.
It is unlawful for any person, after being infonned in writing pursuant to the provisions of
subsection B that his or her dog or other animal may be declared a public nuisance, to fail,
refuse or neglect to take whatever steps or use whatever means are necessary to assure that
such dog or other animal does not again disturb residents in the vicinity in which the dog
or other animal is kept.
B.
C.
17 6.02.030 Noisy Animal Warning Notice.
18 When the City of San Bernardino Animal Control Division is notified or alerted of a
possible noisy dog or other animal, the Animal Control Division may issue a Noisy Animal
19 Warning Notice. Such notice shall specify that the dog or other animal is in possible violation of
the San Bernardino Municipal Code and that the noisy dog or animal nuisance must be abated to
20 avoid further City action.
21 6.02.040 Fines and Limits; Appeal.
22 Any person who neglects or refuses to abate the condition within the time specified in the
Noisy Animal Warning Notice, or fails to Request a Hearing before the Hearing Officer pursuant
23 to the procedure established in ;)6.14.080, is guilty of an infraction punishable under San
Bernardino Municipal Code;) 1.12.0 I O.
24
Any person aggrieved by the decision of the Hearing Officer may bring an appeal to the
25 Animal Control Commission by filing an appeal pursuant to the procedure established in ;)6. I 4.1 00
herein. The Animal Control Commission's decision shall be made in accordance with, and shall
26 be subject to, all of the provisions of ;)6.14.110 herein.
27
28
6.02.050 Other Penalties and Violations.
Nothing in the foregoing section shall be deemed to prevent the City Attorney from
8
r-
.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 commencing a civil or criminal proceeding to abate a public nuisance under other applicable law.
4 Chapter 6.03
KEEPING OF NON-EQUINE LIVESTOCK
5
Sections:
6 6.03.010
6.03.020
7 6.03.030
6.03.040
Findings.
Bovine, Ratite, Caprine, or Ovine Animals.
Hogs, Sow, Gilt or Boar.
Rabbits and Guinea Pigs.
8
9
6.03.010 Findings.
The Mayor and Common Council do hereby find, determine, and declare that the City has
10 become so closely built up with buildings occupied by human beings for business and dwelling
purposes, and has become so thickly populated that the keeping therein of livestock, wild, exotic,
11 dangerous or non-domestic animals and domestic fowl has become injurious to health, indecent,
offensive to the senses, and an obstruction to the free use of property so as to interfere with the
12 comfortable enjoyment of life and property by the entire community and neighborhood, and by a
considerable number of persons therein. (Ord. 1003 (part), 1923; Ord. 821 ~500, 1921)
.
13
14
6.03.020 Bovine, Ratite, Caprine, or Ovine Animals.
It is unlawful for any person, firm or corporation to stable, pasture or keep or cause to be
15 stabled, pastured or kept, any bovine (e.g., cow, steer), ratite (e.g., ostrich, emu), caprine (e.g.,
goat), or ovine (e g., sheep) animal, or like animal at a place which has an area ofless than one
16 acre, and withir Oile hundred fifty feet of a building or structure used or intended for human
occupancy, and within fifty feet of any neighboring property line or street line. (Ord. 3465 (part),
17 1974; Ord. 821 ~501(b), 1921)
18 6.03.030 Hogs, Sow, Gilt or Boar.
19 It is unlawful for any person, firm or corporation to keep or cause to be kept, any hog, sow,
gilt or boar, at any place in the City. (Ord. MC-462, 5-21-85; Ord. MC-418, 10-15-84; Ord. 3465
20 (part), 1974; Ord. 821 ~501(c), 1921)
21 6.03.040 Rabbits and Guinea Pigs.
22
23
A.
It is unlawful for any person, firm or corporation to keep, or cause to be kept, more than
twelve rabbits or guinea pigs, or any combination of each totaling twelve, within one
hundred feet of any building or structure used or intended for human occupancy.
24 B. It is unlawful for any person, firm or corporation to keep, or cause to be kept, more than
four rabbits or guinea pigs within fifty feet of any building or structure used or intended for
25 human occupancy.
(Ord. 3465 (part), 1974; Ord. 821 ~501(d), (e), (t), 1921)
26 \\\
. 27 \\\
28 \\\
9
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
Chapter 6.04
HORSES
5 Sections:
6.04.010
6 6.04.020
6.04.030
7 6.04.040
8 6.04.050
9 6.04.060
6.04.070
10 6.04.080
Definitions.
Equine Stables - Distance from Human Occupancies.
Number of Equine Permitted in Stable Within City.
Number of Equine Permitted on Area Between Twenty
Thousand Square Feet and One Acre.
Stabling Equine on Property Less Than Twenty
Thousand Square Feet in Size.
Stabling of Un castrated Equines.
Removal of Manure.
Registration of Horses.
11 6.04.010 Defininvus.
12
13
14
A.
"Equine" as used in this Chapter, includes any horse-like animal including mules and
burros. (Ord. 3465 (part), 1974; Ord. 821 g502(i), 0),1921)
6.04.020 Equine Stables - Distance from Human Occupancies.
It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be
15 stabled, pastured or kept, within four hundred feet of a building or structure used or intended for
human occupancy, any equine. (Ord. 3465 (part), 1974; Ord. 821 g502(a), 1921)
16
17
6.04.030 Number of Equine Permitted in Stable Within City.
It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be
18 stabled, pastured or kept, more than five equines at any place in the City, except at approved riding
stables or academies; provided, that a person, firm or corporation having contiguous land of more
19 than five acres may keep one additional equine for each acre in excess of such five acres, but not
to exceed eighteen equines at anyone place. (Ord. 3582,1976; Ord. 3465 (part), 1974; Ord. 821
20 g502(b), 1921)
21 6.04.040 Number of Equine Permitted on Area Between Twenty Thousand Square Feet and
One Acre.
22
It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be
23 stabled, pastured or kept, more than three equines at a place that has an area less than between
twenty thousand square feet and one acre. (Ord. 3465 (part), 1974; Ord 821 g502(c), 1921)
24
25
6.04.050 Stabling Equine on Property Less Than Twenty Thousand Square Feet in Size.
It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be
26 stabled, pastured or kept, any equine at a place which has an area of less than twenty thousand
square feet or within ten feet of any adjoining property not used for grazing, pasturing or stabling,
27 or in any required front yard area or in a side yard area of a comer lot. (Ord. 3465 (part), 1974; Ord.
821 g502(d), 1921)
28
10
.
.
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.04.060 Stabling of Un castrated Equines.
4 It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be
stabled, pastured or kept, within fifty feet of any property line, any uncastrated equine. Any
5 uncastrated equine so kept shall be confined by an enclosure with a minimum height of six feet that
is constructed in such a manner as to prevent the animal's escape.
6
7
6.04.070 Removal of Manure.
Manure shall be removed from said place or premises every three days or shall be spread
8 at a place which has an area of twenty thousand square feet or more in a sanitary manner approved
by the San Bernardino County Director of the Department of Public Health (hereinafter referred
9 to as "Health Officer"), his or her designated deputy, or any City employee designated by the
Mayor and approved by the Health Officer, or shall be maintained in an approved moisture and fly-
10 proof manner. It shall not be kept within fifty feet of any adjoining property line. (Ord. 3465 (part),
1974; Ord. 821 S502(g), 1921)
II
12
6.04.080 Registration of Horses.
Each person, firm or corporation who stables, pastures or keeps, or causes or permits the
13 stabling, pasturing or keeping of, any equine in the City shall register in the Division of Animal
Control, and shall provide data concerning the number of equines, the location of such equines and
14 such other relevant information as said Division may require. (Ord.3465 (part), 1974; Ord.821
S502(h), 1921)
15
16
Chapter 6.05
FOWL
17 Sections:
6.05.010
18 6.05.020
19 6.05.030
6.05.040
20 6.05.050
6.05.060
[; ~tiititions.
Domestic Fowl Permitted Within One Hundred Feet
of Human Dwelling; Exemption.
Domestic Fowl Permitted Within Fifty Feet of Human Dwelling.
Peacocks and Roosters.
Number of Roosters Permitted.
Domestic Fowl at Large.
21
22
23
24
6.05.010 Definitions.
A.
"Domestic Fowl", as used in this Chapter, shall mean any birds of the order Galliformes.
This shall include chickens, ducks, geese, turkey, pheasants and similar domesticated birds
or fowl.
6.05.020 Domestic Fowl Permitted Within One Hundred Feet of Human Dwelling;
25 Exemption.
26
27
28
It is unlawful for any person, firm or corporation to keep more than a total of twelve
domestic fowl on any residential lot or premises and within one hundred feet of any house occupied
by human beings as a dwelling. Any organization that uses domestic fowl for educational purposes
may be exempted from this section. All exempted organizations shall maintain compliance with
S6.01.060 of this Title. Failure of an organization to remain in compliance with S6.01.060 shall
11
.
.
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 constitute a forfeiture of this exemption. Any organization that desires an exemption shall register
their program with the Animal Control Division. (Ord. MC-217, 11-1-82; Ord. 3465 (part), 1974;
4 Ord. 821 g503(a), 1921)
5 6.05.030 Domestic Fowl Permitted Within Fifty Feet of Human Dwelling.
6 1t is unlawful for any person, firm or corporation to keep more than two (2) domestic fowl
within fifty feet of any house occupied by human beings as a dwelling. (Ord. MC-217, 11-1-82;
7 Ord. 3465 (part), 1974; Ord. 821 g503(b), 1921)
8 6.05.040 Peacocks and Roosters.
9 1t is unlawful for any person, firm or corporation to keep any peacock or rooster within two
hundred feet of any house occupied by human beings as a dwelling. (Ord. 3465 (part), 1974; Ord.
10 821 g503(c), 1921)
11 6.05.050 Number of Roosters Permitted.
12 1t is unlav,tul for any person, firm or corporation to keep or possess more than two roosters
on any lot or premises within the City, except as provided in g6.05.020 ofthis Chapter.
13
14
6.05.060 Domestic Fowl at Large.
1t is unlawful for any person, firm or corporation having custody or control of any domestic
15 bird or fowl to permit such bird or fowl to be present upon any public street, sidewalk, school
ground, public park, playground or any public place, or any unenclosed private property not owned
16 or lawfully possessed by such person, or upon any private property without the consent of the
owner or lawful possessor thereof.
17
18
Chapter 6.06
PIGEONS
19 Sections:
6.06.010
20 6.06.020
6.06.030
Definitions.
Conditions.
Permit.
21
22
23
24 B.
6.06.010 Definitions.
A.
"Pigeon", as used in this Chapter, means a member of the family Columbidae, and shall
include "Racing Pigeons", "Fancy Pigeons", and "Sporting Pigeons."
"Racing Pigeon" means a pigeon which, through selective past breeding, has developed
the distinctive physical and mental characteristics as to enable it to return to its home after
having been released a considerable distance therefrom, and which is accepted as such by
the American Racing Pigeon Union, Inc., or the International Federation of Racing Pigeon
Fanciers. This type of pigeon may also be commonly known as Racing Homer, Homing
Pigeon, or Carrier Pigeon.
"Fancy Pigeon" means a pigeon which, through selective past breeding, has developed
certain distinctive physical and performing characteristics as to be clearly identified and
25
26
27
28
C.
12
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5 D.
6
7 E.
8
9
10
II
accepted as such by the National Pigeon Association, the American Pigeon Club, or the
Rare Breeds Pigeon Club. Examples include, but are not limited to, Fantails, Pouters, and
Trumpeters.
"Sporting Pigeon" means a pigeon which, through selective past breeding, has developed
the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying.
Examples include, but are not limited to, Rollers and Tipplers.
"Loft" means the structure( s) for the keeping or housing of pigeons permitted by this
Chapter.
F. "Mature Pigeon" means a pigeon aged six months or older.
G. "Owner" means the owner of pigeons subject to this Chapter.
6.06.020 Conditions.
The keeping, breeding, maintenance and flying of pigeons shall be permitted on the
12 following conditions:
.
.
13
14
15
16
17
18
19 E.
20
21
22
23
24
25
26
27
28
A.
The loft shall be of such sufficient size and design, and constructed of such material, that
it can be maintained in a clean and sanitary condition.
B.
There shall be at least one (I) square foot of floor space for each mature pigeon kept in any
loft.
C.
The construction and location of the loft shall not conflict with the requirements of any
building code or zoning code of the City.
All feed f(,- ,aid pigeons shall be stored in such containers as to protect against intrusion
by rodenu and other pests.
D.
The loft shall be maintained in a sanitary condition and in compliance with all applicable
health regulations of the City.
F.
All pigeons shall be confined to the loft, except for limited periods necessary for exercise,
training and competition; and at no time shall pigeons be allowed to perch or linger on the
buildings or property of others.
G. All pigeons shall be fed within the confines of the loft.
H.
No one shall release pigeons to fly for exercise, training or competition except in
compliance with the following rules:
(I)
The owner of the pigeons must be a member in good standing of an organized
pigeon club, such as the American Racing Pigeon Union, Inc., the International
Federation of Racing Pigeon Fanciers, the National Pigeon Association, the
American Tippler Society, the International Roller Association, the Rare Breeds
Pigeon Club, or a local club which has rules that will help preserve the peace and
tranquility of the neighborhood.
]3
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
(2)
Pigeons which have been fed within the previous four hours will not be released for
flying.
1.
Pigeons shall be banded and registered with one of the national pigeon
associations/registries.
6 6.06.030 Permit.
7 On application signed by the owner, on such a form as shall be provided by the City,
wherein the owner shall certifY that his loft(s) comply with applicable building and zoning codes,
8 and upon payment of a fee as set by the Mayor and Common Council, a permit shall be issued to
the owner, which shall remain in full force and effect unless suspended or revoked, or unless the
9 use of the loft be discontinued for a period of one year. A condition of the permit shall be that the
Animal Control Officer shall be granted permission to inspect any property or loft at any
10 reasonable time for the purpose of investigating either an actual or suspected violation or to
ascertain compliance or noncompliance with this Chapter. The Animal Control Officer may report
II violators to any local or nationally recognized pigeon club for the purposes of educating and
assisting any owner who is in violation of this Chapter.
12
Chapter 6.07
13 WILD, EXO i lC, DANGEROUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY
14 Sections:
6.07.010
15 6.07.020
6.07.030
16 6.07.040
6.07.050
17 6.07.060
6.07.070
18 6.07.080
Definitions.
Animals Prohibited.
Authorization Required.
Authorization Granted When - Permit Fee.
Permit - Expiration; Revocation.
Authorization and License Not Transferable.
Vaccination of Wild, Exotic, Dangerous or Non-Domestic Animals.
Certificate of Vaccination.
19 6.07.010 Definitions.
20 A.
21
"Wild, exotic, dangerous or non-domestic animals" means any animals not specifically
addressed within this Title.
6.07.020 Animals Prohibited.
22
No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic,
23 dangerous or non-domestic animal that is prohibited by applicable state and/or federal law within
the City limits.
24
25
6.07.030 Authorization Required.
No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic,
26 dangerous or non-domestic animal that is permitted by applicable state and federal law, and is not
generally recognized as a household pet, without first applying to and receiving special
27 authorization from the Animal Control Division of the City. The keeping or maintenance of such
animals shall also conform to the applicable provisions of the City's zoning ordinances, as well as
28 to any applicable laws promulgated by the state and the federal government. (Ord.3465 (part),
14
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 1974; Ord. 821 g505(a), 1921)
4 6.07.040 Authorization Granted When - Permit Fee.
5 The Animal Control Director, or his or her designee, may authorize the keeping or
maintaining of any non-domestic mammal or wild, exotic, dangerous or non-domestic animal
6 when, in his or her sole discretion, such animal may be kept or maintained without endangering
the safety of any person, property or other animal, nor create a nuisance; provided, however, that
7 the Animal Control Director, or his or her designee, may require any such animal to be properly
caged, tethered, or restrained, and may create such additional requirements as may be necessary
8 and proper to ensure the protection oflife and property. Any person owning or keeping a privately
owned wild, exotic, dangerous or non-domestic animal, including, but not limited to, birds
9 (predators and scavengers), primates, cats (other than house cats), reptiles, aquatic animals
(carnivore), and non-domestic mammals, shall pay an annual permit fee as set by the Mayor and
10 Common Council, payable in advance at the time of filing an application. Any person owning or
keeping multiple animals of the same species shall pay a single fee except that more than three of
II said animals of the same species shall be deemed to be a menagerie and shall be subject to permit
under g6.07.050. (Ord. 3465 (part), 1974; Ord. 821 g505(b), 1921)
12
I3
14
15
16
17
18
19
20
6.07.050 Permit - Expiration; Revocation.
A.
Any permit issued under this Chapter shall expire at the end of the fiscal year in which the
permit is issued. The procedure for the renewal of such permit is subject to the same
conditions as are applicable to the original permit.
The Animal Control Division may revoke its special authorization and any permit issued
pursuant to this Chapter whenever it determines that any permittee has failed to meet the
conditions prescribed in this Title. Such revocation shall be effective until the permittee has
complied with the provisions of this Title to the satisfaction of the Animal Control Division
whereupon an Animal Control Officer shall issue a notice of compliance and the permittee
shall be eligible to be reinstated for the remainder of the original term for which it was
issued. Any such revocation may be appealed to the Hearing Officer within fifteen (15)
days of the revocation by filing a Request for Hearing with the City Clerk as provided in
g6.14.080 of this Code. (Ord. 3465 (part), 1974; Ord. 821 g505(c), 1921)
B.
6.07.060 Authorization and License Not Transferable.
21
The special authorization of the Animal Control Division, together with any license or
22 permit issued pursuant to this Chapter, shall not be transferable. (Ord.3465 (part), 1974; Ord.821
g505(e),1921)
23
24
6.07.070 Vaccination of Wild, Exotic, Dangerous or Non-Domestic Animals.
Any person, firm, corporation or other business enterprise seeking special authorization
25 from the Animal Control Division pursuant to the provisions of Chapter 6.07 shall cause such wild,
exotic, dangerous or non-domestic animal to be vaccinated against any disease peculiar to its
26 species by a veterinarian duly licensed by the State. (Ord. 3334 (part), 1973; Ord. 821 g506 (part),
1921)
27 \\\
28 \\\
15
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.07.080 Certificate of Vaccination.
4 Upon vaccinating any animal pursuant to this Chapter, the veterinarian shall issue a
certificate of vaccination, setting forth the date of vaccination, the vaccine(s) used, the dosage(s),
5 the expiration date, and any other information that the veterinarian deems relevant. The certificate
of vaccination as prescribed by this Chapter shall be a condition precedent to receiving special
6 authorization as provided in Chapter 6.07. (Ord. 3334 (part), 1973; Ord. 821 g506 (part), 1921)
7 Chapter 6.08
DOGS
8
Sections:
9 6.08.010
6.08.020
10 6.08.030
6.08.040
II 6.08.050
6.08.060
12 6.08.070
6.08.080
13 6.08.090
6.08.100
14 6.08.110
6.08.120
15 6.08.130
6.08.140
16 6.08.150
6.08.160
17 6.08.170
18 6.08.180
19 6.08.190
6.08.200
20 6.08.210
Findings.
Number of Dogs Permitted.
License Required.
License and Tag Required - Fees.
License - Application.
License-Issuance.
Dogs in Outdoor Enclosures.
Applicability of Chapter.
Ban on the Sale of Research Animals.
Rabies Vaccination Required-Certificates.
Vaccination Requirement.
Exemption from Rabies Vaccination During Illness.
Running at Large-Impoundment.
Running at Large.
Vaccination of Other Animals.
Reporting of Animal Bites.
Confinement or Destruction of Dogs and Cats
Suspected of Having Rabies.
Confinement or Destruction of Dogs and Cats Which
Have Bitten a Person.
Confinement or Destruction of Other Animals.
Concealment or Withholding of Animals.
Animals and Vehicles.
21 6.08.010 Findings.
22 The Mayor and Common Council find that local governments are required to adopt policies
for the protection of the public against rabies pursuant to the California Rabies Control Program
23 and Health and Safety Code g121690. In order to maintain compliance with relevant State and
County requirements, the following Chapter is enacted.
24
25
6.08.020 Number of Dogs Permitted.
It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot,
26 premises or place more than three dogs which are four or more months of age, except as may be
permitted by the provisions ofTitle 19. (Ord. MC-460, 5-13-85; Ord. 3613,1976; Ord. 2926,1968;
27 Ord. 821 g517, 1921)
28 \\\
16
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.08.030 License Required.
4 It is unlawful for any person, firm or corporation to own or harbor any dog within the City,
except as provided in this Chapter, without securing a license therefor, and maintaining a tag
5 thereon, as specified in this Chapter. (ard. MC-639, 9-19-88)
6 6.08.040 License and Tag Required - Fees.
.
7 A.
8
9
10
11
12 B.
13
14
15
Each person, firm or corporation owning, harboring or having custody or control of a dog
of the age of four months or more within the City shall obtain at least annually a license
and tag for the dog. License and tag fees are payable in advance. If the appropriate fee is
not paid when due, a delinquency penalty shall be added to the fee. A fee shall be charged
for any additional tag issued to replace a lost, stolen, misplaced or damaged tag and shall
be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee
for a new license for the remainder of the licensing period in which the transfer occurs. If
a dog has a current license from another licensing jurisdiction and has a current rabies
vaccination, said license shall be recognized by the City upon a payment of a transfer fee.
If any person, firm or corporation acquires the ownership, custody or control of a dog, the
new owner shall obtain the license required by this Title within 30 days after acquiring the
ownership, custody or control of such dog, if the dog is then of the age of four months, or
within 30 days after such dog attains the age of four months. The license shall expire the
same month as the month the rabies vaccination was issued. The first license fee for a dog
may be prorated to expire at the same time as the rabies vaccination expires.
C. Moneys received during the current year for a license shall be first applied to the payment
16 of delinquent fees, sums and penalties due during the preceding year, and any balance
remaining thereafter shall be applied to the payment of the current license fees and
17 penalties. A license issued during any prior fiscal year to the same owner for license shall
be prima facie evidence in any court or administrative proceeding that the dog was
18 continuously owned by the same owner from the prior year to the current fiscal year.
(ard. MC-639, 9-19-88; ard. MC-528, 7-7-86; ard. MC-363, 4-16-84; ard. MC-50, 1981; ard.
19 3937 ~1,1980; ard. 3577,1976; ard. 821 ~519, 1921)
20 6.08.050 License - Application.
21 No license to own or harbor a dog, as provided in this Chapter, shall be issued except upon
an application to authorized employees of the City setting forth the name and address of the owner
22 or possessor of the dog, a brief description of the dog, and proof ofthe vaccination ofthe dog to
prevent rabies. (ard. 3452 (part), 1974; ard. 821 ~520, 1921)
23
24
6.08.060 License - Issuance.
Authorized employees of the City, upon the receipt of such application and the license fee
25 aforesaid, shall issue and deliver to such owner or possessor a license certifying the payment of the
license fee, and setting forth the name and address of the applicant and a brief description of the
26 dog, and the number allotted to such dog, and upon receipt of the requisite fees, shall deliver to the
applicant a tag which shall set forth the date of the license, and the number allotted to such dog,
27 which tag shall at all times be affixed to the collar, harness or other article worn by such dog;
provided, however, that no license for a dog shall be issued unless the owner shall have paid the
28 license fee required therefor and shall have exhibited to authorized employees of the City a
.
17
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.
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 certificate of the vaccination of the dog to prevent rabies, signed by a duly licensed veterinarian.
(Ord. 3307 (part), 1972; Ord.1482 (part), 1931; Ord. 821 g521, 1921)
4
5
6.08.070 Dogs in Outdoor Enclosures.
Dogs housed outdoors shall have access to a minimum of 100 square feet of space for one
6 dog, plus an additional 25 square feet of space for each additional dog in the same enclosure. All
dogs housed outside shall be cared for in the manner set forth in g6.0 1.060 of this Title.
7
8
6.08.080 Applicability of Chapter.
This Chapter shall not be applicable to dogs under the age of four months, and which are
9 kept within enclosures and are not permitted to run at large. (Ord. 2561 (part), 1964; Ord. 821
g526, 1921)
10
11
6.08.090 Ban on the Sale of Research Animals.
City shall not sell, for research purposes, any animal to any person or organization. (Ord.
12 MC-266, 4-18-83; Ord. MC-145, 3-15-82; Ord. MC-88, 1981; Ord. MC-50, 1981; Ord. 2965 g2,
1980; Ord. 3827 g2, 1979; Ord. 3803 g2, 1979; Ord. 3185,1971; Ord. 821 g532, 1921)
13
14
15
16
17
18
6.08.100 Rabie', Vaccination Required - Certificates.
A.
Every person, firm or corporation who owns, harbors, keeps or possesses, or has in his or
her care, charge, custody or control any dog over four months of age shall cause such dog
to be vaccinated against rabies by or under the direction of any duly licensed veterinarian,
with a rabies vaccine approved by the State Department of Health Services for use in dogs.
Such vaccinations shall be repeated at intervals specified by the State Department of Health
Services in order to maintain adequate immunity. Compliance with the rabies vaccination
provisions shall be a condition to the issuance or renewal of a dog license.
B. Each duly licensed veterinarian who vaccinates or causes or directs to be vaccinated any
19 animal with a rabies vaccine shall complete and sign a rabies certificate in triplicate. The
veterinarian shall keep one copy and shall give one copy to the owner or keeper of the
20 vaccinated animal. The veterinarian shall submit to Animal Control a legible copy of each
certificate within five days of the beginning of each month, for any animal so vaccinated
21 during the previous month.
(Ord. MC-833, 5-18-92; Ord. MC-639, 9-19-88; Ord. 2561 (part), 1964; Ord. 821 g533 (part),
22 1921)
23 6.08.110 Vaccination Requirement.
24 It is unlawful for any person, firm or corporation to own or harbor any dog that has not been
vaccinated as required by, and in the manner set forth in, g6.08.100. (Ord. MC-639, 9-19-88; Ord.
25 MC-460, 5-13-85; Ord. 3465 (part),1974; Ord. 2171,1957; Ord. 821 g533(a), (b) 1921)
26 6.08.120 Exemption From Rabies Vaccination During Illness.
27 Notwithstanding any other provisions of this Chapter, a dog need not be vaccinated for
rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that
28 such vaccination should be postponed because of a specified illness or condition. Old age, debility,
18
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.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates
are subject to approval of the Animal Control Division and shall be valid only for the duration of
4 the illness. Exemption from vaccination does not exempt the dog from the licensing requirement.
(Ord. MC-833, 5-18-92)
5
6
6.08.130 Running at Large - Impoundment.
The Animal Control Officer or authorized City employee shall impound, for a period of
7 time as prescribed by state law, any dog found running at large or unrestrained in the City. If any
person does not provide proof of the owner's identity or satisfactory proof of ownership and claim
8 the dog and pay any sums due, including outstanding fines or fees for violations of this Title,
license fees, or fees set by the Mayor and Common Council, prior to the expiration of the period
9 prescribed by state law, the dog shall become the property of the City and may be disposed of by
authorized employees of the City. (Ord. MC-625, 5-2-88; Ord. MC-528, 7-7-86; Ord. MC-50,
10 1981; Ord. 3452 (part), 1974; Ord. 821 ~530, 1921)
II 6.08.140 Running at Large.
12 A.
13
14
15
16 B.
17
18
19
20
21
22
23
24
25
26
27
28
No person owning or having control of any dog or other animal shall permit such dog or
other animal to be present upon any public street, sidewalk, school ground, public park,
playground or any other public place, or any unenclosed private property not owned or
lawfully possessed by such person, or upon any private property without the consent of the
owner or lawful possessor thereof, unless such animal is secured by a leash no more than
six (6) feet in length. A person holding such leash must maintain direct physical control
over the dog or other animal.
The provisions of paragraph A of this Section, and any similar requirement contained in
the City's Animal Control Regulations, shall not apply to the following:
(I)
(2)
(3)
c.
Any dog used by a law enforcement agency.
Any dog while participating in a formal dog obedience training program or any dog
participating in a dog show or other program expressly permitted or sponsored by
the City.
Any dog within a posted off-leash area in any City park, as established by
Resolution of the Mayor and Common Council; provided, however, that nothing
herein shall relieve the owner or person having charge, custody, care and/or control
of such dog from the responsibility to maintain proper control over the dog nor
shall this paragraph be construed as relieving such person from any liability for any
damages arising out of his or her use of an off-leash area.
In order to be subject to the exemption set forth in paragraph B(3) of this Section, all
persons must comply with all requirements oflaw and the following rules and regulations
when utilizing any off-leash area:
(I)
No dog is permitted in an off-leash area except when in the care, custody, and
control of a person at least thirteen (13) years old. Any person under thirteen (13)
years of age must be accompanied by, and be under the direct supervision of, an
adult. No person may have more than two dogs in an off-leash area at anyone
time. No dogs are permitted in the off-leash area except during posted hours of
]9
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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24
operation.
(2)
All dogs must be at least four months of age, vaccinated for rabies, and currently
licensed by the City's Animal Control Division. No dog that is sick, in heat,
injured, or less than four (4) months of age, or which displays aggressive behavior
towards other dogs or humans is permitted in any off-leash area.
Any person having care, custody or control of a dog in an off-leash area shall quiet
or remove the dog if it barks and shall promptly remove and properly dispose of
any waste deposited by such dog.
(3)
(4)
(5)
No animals other than dogs are permitted in any off-leash area.
The designated hours of use for the off-leash area shall coincide with the regular
hours of the park as designated by ~12.68.020 of this Code.
(6)
As a condition of admission to an off-leash area, the owner or person in custody of
the dog shall carry a suitable container or instrument for the removal and disposal
of dog feces.
D.
Any person having care, custody or control of a dog in the off-leash area must have
in his or her possession a leash for such dog which shall be worn by the dog at all
times the dog is not in the off-leash area.
A!l persons will otherwise comply with all rules governing City parks and all
relevant parking regulations.
The use of an off-leash area by any dog shall constitute consent of the dog's owner
or any person having the care, custody or control of the dog, to strictly follow the
rules in ~6.08.l40 and shall constitute a waiver of liability to the City, its elected
officials, officers, and employees, an assumption of all risks, and an agreement and
undertaking to protect, indemnify, defend and hold harmless the City, its elected
officials, officers and employees, for any injury or damage to persons or property
during any time that the dog is in the off-leash area.
Any person violating any provision of this section, including, but not limited to, violation
of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable
as set forth in ~1.l2.010 of this Code.
(7)
(8)
(9)
E.
Civil Remedies Available. The violation of any of the provisions of this Ordinance shall
constitute a nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner provided by
law for the abatement of such nuisances.
25 6.08.150 Vaccination of Other Animals.
.
26 A.
27
28 III
The same vaccination procedure and exemption shall apply to other animals if the Director
of Animal Control or designated officer shall deem this prudent to ensure the safety of the
public based on the recommendations of the State Department of Health Services.
20
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 B. Animals shall be vaccinated against rabies with a vaccine currently licensed for use in such
animal(s) in the United States and approved for use in such animal by the State Department
4 of Health Services.
(Ord. MC-833, 5-18-92)
5
6
7
6.08.160 Reporting of Animal Bites.
A.
Any person having knowledge of an animal bite to a human being shall report such bite to
the Animal Control Division immediately.
8 B. An owner or custodian of any dog or cat which is known to have been bitten by or having
contact with a rabid animal or by an animal suspected of having rabies shall immediately
9 notify the Animal Control Division.
(Ord. MC-833, 5-18-92)
.
10
11
12
13
14
15 B.
6.08.170 Confinement or Destruction of Dogs and Cats Suspected of Having Rabies.
'A.
16
17
18 C.
19
20
21
Any dog or cat found within the City reasonably suspected of having rabies, having contact
with a rabid or suspected rabid animal, or exhibiting the common symptoms of such disease
shall be taken into custody immediately by the Animal Control Officer and confined in the
City animal shelter or at a private veterinarian establishment approved by the Director. The
animal shall be kept in solitary confinement for such time as recommended by the State
Department of Health Services to determine whether the animal is affiicted with rabies.
At the time any such animal is impounded, an attempt shall be made to discover whether
the animal has been vaccinated previously against rabies. If it is found that such animal has
not been vaccinated effectively, then such animal shall be vaccinated by a licensed
veterinarian after the last day of the observation period described in paragraph (A) above,
unless the animal is humanely destroyed pursuant to paragraph (C) below.
The Animal Control Officer may cause to be humanely destroyed any dog or cat which, in
the opinion of a veterinarian or animal health technician, has rabies, or is in need of
confinement pursuant to paragraph (A) above, but such confinement is impossible or
impractical. In such circumstance, the Animal Control Officer shall arrange to have the
head of such dog or cat examined for the purpose of confirming rabies. If the opinion of a
veterinarian or animal health technician is not reasonably obtainable, the Officer may act
on his or h.:r own opinion.
22 D. All expenses incurred with the enforcement of the provisions of this Section shall be borne
by the owner or custodian of the dog or cat.
23 (Ord. MC-833; 5-18-92)
24 6.08.180 Confinement or Destruction of Dogs and Cats Which Have Bitten a Person.
.
25 A.
26
27
28
Every dog or cat which has bitten a person, or is suspected of having bitten a person, shall
be quarantined away from other animals for a period often (10) days from the date of the
bite, or other period of time as determined by the State Department of Health Services. The
Animal Control Officer may order the animal quarantined at the shelter, at a private
veterinarian clinic, or at the home of the owner, depending on the conditions of the bite, the
severity of the bite, previous bite history, the owner's ability to satisfy quarantine orders,
and whether or not local ordinances were in observance at the time ofthe bite.
21
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.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
B.
If the animal does not have a current rabies vaccination, it shall not be vaccinated until the
end of the quarantine period.
The Animal Control Officer may cause to be humanely destroyed any dog or cat when, in
the opinion of a veterinarian or animal health technician, such confinement as described in
paragraph (A) is impossible or impractical. In such cases, the Animal Control Officer shall
arrange to have the head of such dog or cat examined for rabies. If the opinion of a
veterinarian or animal health technician is not reasonably obtainable, the Officer may act
on his or her own opinion.
4
5
6
7
C.
8 D. All expenses incurred with the enforcement of the provisions of this Section shall be borne
by the owner or custodian of the dog or cat.
9 (Ord. MC-833, 5-18-92)
10 6.08.190 Confinement or Destruction of Other Animals.
II Any animal, other than a dog or cat, which has bitten a person, has had contact with a rabid
or suspected rabid animal, is reasonably suspected of having rabies, or exhibiting the common
12 symptoms of rabies, shall be confined for quarantine purposes or destroyed in accordance with the
recommendations of the State Department of Health Services or the local Health Officer. (Ord.
13 MC-833,5-18-92)
14 6.08.200 Concealment or Withholding of Animals.
IS It is unla"'lul to conceal, withhold or refuse to surrender any animal that is suspected of
being rabid, has :Jeen bitten by a rabid or suspected rabid animal, or that has bitten a person to
16 prevent it from bemg confined or destroyed in accordance with this Chapter. (Ord. MC-833, 5-18-
92)
17
18
19
20
21
22
23
24
6.08.210 Animals and Vehicles.
A.
No person shall transport or carry, on any public highway or public roadway, any dog(s)
or other animal(s) in a motor vehicle, unless the animal is safely enclosed within the vehicle
or protected by a cap or container, cage or other device, that is adequately ventilated and
that will prevent the dog(s) or other animal(s) from falling from, being thrown from, or
jumping from the motor vehicle.
No person shall leave a dog or any other animal in an unattended vehicle without adequate
ventilation, or in such a manner as to subject the animal to extreme temperatures which
adversely affect the animal's health or welfare.
B.
Chapter 6.09
VICIOUS AND POTENTIALLY DANGEROUS DOGS
25 Sections:
6.09.010
26 6.09.020
6.09.030
27 6.09.040
6.09.050
28 6.09.060
Findings.
Definitions.
Hearing on Declaration of Dog as Potentially Dangerous or Vicious.
Determination and Orders; Notice; Compliance.
Appeal.
Seizure and Impoundment Pending Hearing.
22
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.09.070
4 6.09.080
6.09.090
5 6.09.100
6.09.110
6 6.09.120
6.09.130
7 6.09.140
6.09.150
8 6.09.160
6.09.170
9 6.09.180
Circumstances Under Which Dogs May Not Be Declared Potentially
Dangerous or Vicious.
Potentially Dangerous Designation Maintained in Registration Records.
Muzzling and Vaccination.
Keeping and Controlling Potentially Dangerous Dogs.
Death, Sale, Transfer or Permanent Removal; Notice.
Posting Property.
Removal From List of Potentially Dangerous Dogs.
Keeping and Controlling Vicious Dogs.
Destruction; Non-Destruction, Conditions; Enclosures.
Prohibition of Owning, Possessing, Controlling or Having Custody.
Fines and Limits.
Severability.
10 6.09.010 Findings.
II The Mayor and Common Council find that dogs that threaten or injure residents of the City
of San Bernardino constitute a public safety threat and shall be controlled by the provisions of this
12 Chapter.
13 6.09.020 Definitions.
.
.
14 A.
15
16
17
18
19
20
21
22
23
"Potentially dangerous dog" means any of the following:
(I)
Any dog which, when unprovoked, on two separate occasions within the prior 36-
month period, engages in any behavior that requires a defensive action by any
person to prevent bodily injury when the person and the dog are off the property of
the owner or keeper of the dog.
(2)
Any dog which, when unprovoked, bites a person causing a less severe injury than
as defined by vicious dog.
(3)
Any dog which, when unprovoked, on two separate occasions within the prior 36-
month period, has seriously bitten, inflicted injury, or otherwise caused injury
attacking a domestic animal off the property of the owner or keeper of the dog.
A.,y dog off the property of the owner or keeper of the dog, when unprovoked, has
killed a domestic animal.
(4)
B. "Vicious dog" means any of the following:
24
25
26
27
28
(I)
Any dog seized under Penal Code9599aa and upon the sustaining of a conviction
of the owner or keeper under Penal Code9597.5(a).
(2)
Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury
on or kills a human being.
Any dog previously determined to be, and currently listed as, a potentially
dangerous dog which, after its owner or keeper has been notified of this
determination, continues the behavior described in 96.09.020 or is maintained in
violation of 9S6.09.080, 6.09.090, or 6.09.100.
(3)
23
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.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
C.
"Severe injury" means any physical injury to a human being that results in muscle tears
or disfiguring lacerations or requires multiple sutures, or corrective or cosmetic surgery.
6.09.030 Hearing on Declaration of Dog as Potentially Dangerous or Vicious.
If an Animal Control Officer or a law enforcement officer determines that probable cause
6 exists to believe a dog is potentially dangerous or vicious, the officer or his or her immediate
supervisor may file a petition with the Hearing Officer for a hearing, as provided in 96.14.080 of
7 this Code, to determine whether or not the dog in question should be declared potentially dangerous
or vicious. Whenever possible, any complaint received from a member of the public shall be
8 sworn to and verified by the complainant and attached to the petition.
9 The Animal Control Division shall notify the owner or keeper of the dog that a hearing will
be held and that the owner or keeper may present evidence at the hearing. The Animal Control
10 Division shall serve upon the owner or keeper of the dog the notice of the hearing and a copy of
the petition either personally or by first-class mail with return receipt requested.
II
The hearing shall be open to the public and held not less than five (5) working days, nor
12 more than fourteen (14) working days, after service of the notice upon the owner or keeper of the
dog. The Hearing Officer may admit all relevant evidence, including incident reports and affidavits
13 of witnesses, limit the scope of discovery, and may shorten the time to produce records or
witnesses. The Hearing Officer may decide all issues even if the owner or keeper fails to appear
14 at the hearing. The Hearing Officer may find, upon a preponderance of the evidence, that the dog
is potentially dangerous or vicious and make other orders authorized by this Chapter.
IS
16
6.09.040 Deterlll:nation and Orders; Notice; Compliance.
After the hearing conducted pursuant to 96.09.030, the owner or keeper of the dog shall be
17 notified, either personally or by first-class mail, postage prepaid, in writing of the determination
and orders issued. If the Hearing Officer determines that the dog is potentially dangerous or
18 vicious, the owner or keeper shall comply with 996.09.080 through 6.09.140 within ten (10) days
after the date of the order or as specified by the Hearing Officer.
19
20
6.09.050 Appeal.
Any person aggrieved by the decision of the Hearing Officer may bring an appeal to the
21 Animal Control Commission by filing an appeal pursuant to the procedure established in 96.14.100
herein. The Animal Control Commission's decision shall be made in accordance with, and shall
22 be subject to, all of the provisions of 96.14.110 herein.
23 6.09.060 Seizure and Impoundment Pending Hearing.
24 Ifthe Animal Control Officer or law enforcement officer determines that probable cause
exists to believe the dog in question poses an immediate threat to public safety, he or she may seize
25 and impound the dog pending the hearings held pursuant to this Chapter. If the dog is later
adjudicated potentially dangerous or vicious, the owner or keeper of the dog will be liable for costs
26 and expenses of impounding the dog. If the Animal Control Officer determines that the
impoundment is not contrary to public safety, he or she shall permit the animal to be confined in
27 a City-approved kennel or veterinary facility, at the owner's expense.
28 III
24
.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.09.070 Circumstances Under Which Dogs May Not Be Declared Potentially Dangerous
or Vicious.
4
5
6
7 B.
A.
8
9 C.
IO
II
12
The Hearing Officer may not declare a dog potentially dangerous or vicious if the dog
inflicted injury or damage to a person committing a willful trespass or other tort upon the
premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing
or assaulting the dog, or was committing or attempting to commit a crime.
The dog may not be declared potentially dangerous or vicious if it was protecting or
defending a person within the dog's immediate vicinity from an unjustified attack or
assault.
D.
A dog may not be declared potentially dangerous or vicious if the injury or damage was
sustained by a domestic animal that was teasing, tormenting, abusing or assaulting the dog.
A dog may not be declared potentially dangerous or vicious if the injury or damage to a
domestic animal was sustained while the dog was working as a hunting dog, herding dog,
or predator control dog on the property of or under the control of its owner or keeper, and
the damage or injury was to a type of domestic animal appropriate to the dog's work.
13 6.09.080 Potentially Dangerous Designation Maintained in Registration Records.
14 Notwithstanding the provisions of Chapter 6.08 regarding licensing and vaccination, all
potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be
IS potentially dangerous will be so designated in its registration records. The City may charge a
potentially dangerous dog or vicious dog fee in addition to the regular licensing fee to provide for
16 the increased costs of maintaining the records of the dog. Any fees regarding this section shall be
set by the Mayor and Common Council.
.
17
18
6.09.090 Muzzling and Vaccination.
The Hearing Officer may, by order, require the muzzling of any dog owned or harbored
19 within the City that is found to be potentially dangerous or vicious, and may specify the period of
time during which such dog shall be so muzzled. Any dogs running at large which are not
20 vaccinated, or which are not muzzled, pursuant to such order, shall be forthwith put to death by
authorized employees of the City. Such muzzling must not cause injury to the dog or interfere with
21 the animal's vision, respiration or its ability to drink.
22 6.09.100 Keeping and Controlling Potentially Dangerous Dogs.
23 The owner or keeper of a potentially dangerous dog must keep the dog indoors or in a
securely fenced enclosure from which the dog cannot escape and into which children cannot
24 trespass. A potentially dangerous dog may be off the owner or keeper's premises only if it is
restrained by a substantial leash, not to exceed six (6) feet in length, and if it is under the direct
25 physical control of a responsible adult.
26 6.09.110 Death, Sale, Transfer or Permanent Removal; Notice.
.
27 The owner or keeper of a potentially dangerous dog must notify the Animal Control
Division if the potentially dangerous dog dies, is sold, transferred, or permanently removed from
28 the City of San Bernardino.
25
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 6.09.120 Posting Property.
4 The Hearing Officer may order that the owner of a potentially dangerous or vicious dog
conspicuously post the property with warning signs where the potentially dangerous or vicious dog
5 is housed.
6 6.09.130 Removal From List of Potentially Dangerous Dogs.
7 Upon receipt of a petition from the dog owner, the Hearing Officer may remove a dog from
the list of potentially dangerous dogs if no additional instances of behavior described in Chapter
8 6.09 occur within a thirty-six month period from the date of designation as a potentially dangerous
dog.
9
10
6.09.140 Keeping and Controlling Vicious Dogs.
The owner or keeper of a vicious dog shall maintain the dog pursuant to the conditions
II imposed by S6.0 1.060 and the provisions of this Chapter.
.
12 6.09.150 Destruction; Non-Destruction, Conditions; Enclosures.
13 A vicious dog may be destroyed if the Hearing Officer determines that the release of the
dog would create a significant threat to the public health, safety and welfare. If the Hearing Officer
14 determines that the vicious dog should not be destroyed, the Hearing Officer must impose
conditions upon the dog's owner or keeper that will protect the public health, safety, and welfare.
15 If one of the conditions is to require that the vicious dog be confined in an enclosure, the enclosure
must be desigm'd 1.1 order to prevent the animal from escaping and include a fence or structure
16 suitable to prew.,t children from entering.
17 6.09.160 Prohibition of Owning, Possessing, Controlling or Having Custody.
18 The City of San Bernardino may prohibit the owner of a vicious dog from owning,
possessing, controlling or having custody of any dog for a period of up to three years if the Hearing
19 Officer finds, after proceedings conducted under SS6.09.030 through 6.09.050, that such
ownership or possession would create a significant threat to the public health, safety and welfare.
20
21
6.09.170 Fines and Limits.
Any violation of this Chapter involving a declared potentially dangerous dog or a declared
22 vicious dog shall be punishable as a misdemeanor.
23 6.09.180 Severability.
24 If any provision of this Title or the application thereof to any person or circumstance is held
invalid, that invalidity shall not affect other provisions or applications of the Title which can be
25 given effect without the invalid provision or application, and, to this end, the provisions of this
Title are severable.
26 III
. 27 III
28 III
26
.
.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
6
7
Chapter 6.10
CATS
6.10.010
6.10.020
6.10.030
Findings.
Number of Cats Permitted.
Cat Fancier Permit.
6.10.010 Findings.
The Mayor and Common Council find that cat owners who allow their cat(s) to cause a
8 public nuisance shall be responsible for maintaining their cat(s) in such a manner as to prevent their
cat(s) from interfering with the comfortable enjoyment of life and property by the surrounding
9 community.
10 6.10.020 Number of Cats Permitted.
II It is unla.... ful for any person, firm or corporation to own, harbor or keep on or at any lot,
premises or place more than five cats which are four or more months of age, except as may be
12 permitted by the provisions of Title 19 or as may be permitted by this Chapter.
13 6.10.030 Cat Fancier Permit.
14 It is unlawful for any person, firm or corporation to own, harbor or care for more than five
cats over the age of four months without obtaining a fancier permit from the Division of Animal
IS Control. The Division of Animal Control may issue a fancier permit under the following
conditions:
16
17
18
19
20
21
22
23
24
25
26
27
28
(I)
All cats owned, harbored or cared for shall be kept in compliance with g6.01.060
of this Title and any sections of this Title relating to cats.
(2)
The fee, or fees, for a fancier permit shall be set by Resolution of the Mayor and
Common Council and shall be in addition to any other permits, licenses or fees
required by this Title.
(3)
The number of cats permitted per residence shall be based upon the following
criteria:
(ai Property up to 10,000 square feet: a maximum often (10) cats.
(b)
Property between 10,001 square feet and 15,000 square feet: a maximum
of fifteen (15) cats.
Property between 15,00 I square feet and 20,000 square feet: a maximum
of twenty (20) cats.
(d) No property shall exceed twenty cats (20) cats.
(c)
(e)
No person residing at the property where the permit is to be issued may
have two or more convictions of this Title, any conviction of anti-cruelty
laws, or any conviction of animal fighting laws that have occurred in the
eighteen (18) month period prior to the application for the permit,
27
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.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
6
7
8
9
10
(4)
(5)
(6)
The Animal Control Officer shall be admitted to enter and inspect any property or
premises at any reasonable time for the purpose of investigating either an actual or
suspected violation or to ascertain compliance or noncompliance with this Title or
State animal law.
Any violation of this Title or any State animal law shall constitute reasonable
grounds for the revocation of a fancier permit.
Failure to pay fines associated with any animal violations, failure to pay any
associated permit fees, refusal of an inspection by an authorized Animal Control
Officer or a conviction of animal cruelty laws shall constitute reasonable grounds
for the revocation of a fancier permit.
Chapter 6.11
QUARANTINE
Skunks.
6.11.010 Skunks.
23
24
25
26
27
28
Sections:
6.12.010
II
Sections:
6.11.010
Pursuant to Health and Safety Code ggl21575 through 121635, and as directed by, and in
accordance with g2606.8 of the California Code of Regulations, Title 17, there is
established a quarantine prohibiting in the City:
Th~ trapping or capture of skunks for pets;
The trapping, capture, holding in captivity, or breeding of skunks for sale, barter,
exchange or gift; and,
The transportation of all skunks from or into the City is prohibited except by
permit from the State Department of Health Services to recognized zoological
gardens or research institutions.
21
This quarantine shall continue as long as skunk rabies remains a problem in California and
until revoked by the County Health Officer.
C. The Health Officer of the County is authorized and directed to enforce the provisions of
22 this Chapter.
(Ord. MC-460, 5-13-85; Ord. 2968,1969; Ord. 821 g540, 1921)
12
13
14
15
16
17
18
19
20 B.
A.
(I)
(2)
(3)
Chapter 6.12
POLICE DOGS
Interference with Police Dogs.
6.12.010 Interference with Police Dogs.
It is unlawful for any person, in a manner not otherwise prohibited by Penal Codeg597, to
tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being
28
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.
.
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 used by any police officer in the performance of his or her official duties. (Ord. MC-388, 6-9-84)
4 Chapter 6.13
ENFORCEMENT-PENALTY
5
Sections:
6 6.13.010
6.13.020
Penalty for Violation.
General Penalties.
7
8
6.13.010 Penalty for Violation.
Any person, firm or corporation violating, or causing the violation of, any provision of this
9 Title is guilty of an infraction, unless otherwise stated, which, upon conviction thereof, is
punishable in accordance with the provisions of 91.12.010 of this Code.(Ord. MC-460, 5-13-85)
10
II
6.13.020 General Penalties.
Each method of enforcement set forth is intended to be mutually exclusive and does not
12 prevent concurrent or consecutive methods being used to achieve compliance against continuing
violations. Each and every day any such violation exists constitutes a separate offense.
13
14
15
16
17
18
A.
Administrative Citation. If a Police Officer, Animal Control Officer, Animal License
Checker, or any person designated by Chapter 9.90 of Title 9 of the Municipal Code to
enforce the various provisions of this Title believes that a violation exists, he or she may
issue an Administrative Citation under the provisions of Chapter 6.14 of the San
Bernardino Municipal Code. Payment of any fine or service of a jail sentence shall not
relieve a person, firm, partnership, corporation or other entity from the responsibility of
correcting the condition resulting from the violation.
CHAPTER 6.14
ADMINISTRATIVE CITATIONS
19 Sections:
6.14.010
20 6.14.020
6.14.030
21 6.14.040
6.14.050
22 6.14.060
6.14.070
23 6.14.080
6.14.090
24 6.14.100
6.14.110
25 6.14.115
6.14.120
Legislative Findings; Statement of Purpose.
Definitions.
Use ofthe Administrative Citation.
Violation; Authority; Fines.
Service Procedures.
Contents of Citation.
Satisfaction of the Administrative Citation.
Request for Hearing on an Administrative Citation.
Failure to Pay Fines.
Appeal of Hearing Officer's Decision.
Animal Control Commission's Decision.
Failure to Pay Fine(s) Imposed or Upheld By Animal Control Commission.
Severability .
26
27
28
6.14.010 Legislative Findings; Statement of Purpose.
A. The Mayor and Common Council hereby find that there is a need for an alternative method
of enforcement for certain violations of Title 6 of this Code and applicable state codes. The
29
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 B.
B.
Mayor and Common Council further find that an appropriate alternative method of
enforcement for animal control violations is an Administrative Citation Program as
authorizer! by Government Code 953069.4, and is consistent with the City of San
Bernardino's authority as a Charter City.
The procedures established in this Chapter shall be in addition to criminal, civil, or any
other legal remedy established by law, which may be pursued to address violations of Title
6 of the San Bernardino Municipal Code or applicable state codes.
It is the desire of the Mayor and Common Council to secure compliance with Title 6 of the
San Bernardino Municipal Code. Such compliance is a matter of local concern and serves
an important public purpose.
C.
D. Adoption of an Administrative Citation Program will achieve the following goals:
(I)
To protect the public health, safety and welfare of the citizens of the City of San
Bernardino;
(2)
To gain compliance with Title 6 of the San Bernardino Municipal Code in a timely
and efficient manner;
(3)
To provide for an administrative procedure to request a hearing on the imposition
of administrative citations and fines; and,
(4)
To provide an additional method to hold parties responsible when they fail or refuse
w 'D'l1ply with the provisions of Title 6 of the San Bernardino Municipal Code.
6.14.020 Definitions.
A. "Responsible person" means any of the following:
.
27
28
C.
(I)
(2)
Any person who causes a violation of Title 6 to occur.
Any person who maintains or allows an animal violation to continue by his or her
acts or failure to act; or,
(3)
Any person described below whose agent or employee causes or permits a violation
to exist or to continue to exist by his or her acts or failure to act:
(a)
A person who is the owner and/or a person who is a lessee or sub lessee
with the current right of possession of real property where an animal related
violation occurs; or,
(b)
A person who is the on-site manager of a business and is responsible for the
activities on such premises.
"Animal Control Officer, or, other authorized officer" shall mean any officer or
employee with the authority to enforce Title 6 of the San Bernardino Municipal Code as
provided in Chapter 9.90 of this Code.
"Applicant" means any responsible person who requests a hearing pursuant to 96.14.080
30
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 herein.
4 6.14.030 Use of the Administrative Citation.
5
6
7
8
9
A.
Use of the administrative citation is limited to violations of Title 6 of the San Bernardino
Municipal Code.
B.
The procedures established in this section shall be in addition to any criminal. civil, or any
other legal remedy established by law which may be pursued to address violations of Title
6 of the San Bernardino Municipal Code. The use of the administrative citation in place
of other remedies shall be subject to the approval of the Office of the City Attorney.
Issuance of an administrative citation shall not be deemed a waiver of any other
enforcement remedies found within this Code.
10 6.14.040 Violation; Authority; Fines.
.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A.
Any person violating any provision of Title 6 of the San Bernardino Municipal Code may
be issued an administrative citation by an Animal Control Officer, or other authorized
officer, as provided in this Chapter.
Each and every day a violation of any provision of Title 6 of the San Bernardino Municipal
Code exists constitutes a separate and distinct offense. Each section of Title 6 of the San
Bernardino Municipal Code violated constitutes a separate and distinct violation.
Any fine assessed by means of an administrative citation issued by the Animal Control
Officer, or other authorized officer, shall be payable directly to the City of San Bernardino.
B.
C.
D.
Any person who receives an administrative citation shall be required to pay a fine in the
following amounts:
(I)
A fine not exceeding One Hundred Dollars ($100.00) for the first administrative
citation;
(2)
A fine not exceeding Two Hundred Dollars ($200.00) for a second administrative
citation for violation of the same ordinance if issued within a twelve (12) month
period;
(3)
A fine not exceeding Five Hundred Dollars ($500.00) for any subsequent issued
administrative citation for violation of the same ordinance within a twelve (12)
month period.
6.14.050 Service Procedures.
In any case where an administrative citation is issued, service of the citation shall be made
25 by complying with the following:
.
26
27
28
A.
Personal Service. The Animal Control Officer, or other authorized officer, shall attempt
to locate and personally serve the responsible person and obtain the signature of the
responsible person on the administrative citation. If the responsible person refuses or fails
to sign the administrative citation, the failure or refusal to sign shall not affect the validity
of the administrative citation or of subsequent proceedings; or, if the responsible person
31
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
6
B.
cannot be contacted and personally served after reasonable efforts to do so have failed,
service may be effected by certified mail.
Mail and Posting. The responsible person, shall be served by certified mail, return receipt
requested. Simultaneously, the citation shall be sent by first class mail. If the citation is
sent by certified mail and returned unsigned, then service shall be deemed effective
pursuant to first class mail, provided the citation sent by first class mail is not returned.
7 6.14.060 Contents of Citation.
8 A.
.
9
10
II
12
13
14
IS
]6
17
18 B.
19
Each administrative citation shall contain the following information:
(I)
Date, approximate time, and address or definite description of the location where
the violation(s) was/were observed;
(2)
(3)
(4)
The Title 6 Code section(s) violated and a description of the violation(s);
The amount of the fine for the violation( s);
An explanation of how the fine shall be paid and the time period by which it shall
be paid;
(5)
Identification of rights to a hearing, including the time within which the hearing
may be requested;
(6)
'I 'i~ Jlame and signature oftl1e Animal Control Officer, or other authorized officer,
issuing tI1e citation; and,
(7)
A schedule of late fees.
If the violation is one which is continuing, a notice to correct the violation and an
explanation of the consequences for failing to correct the violation shall be issued
concurrently with the citation.
20 6.14.070 Satisfaction of the Administrative Citation.
21 Upon receipt of a citation, the responsible person must:
.
22
23
24
25
26
27
28
A.
(A) Pay the fine to the City within fifteen (IS) days from the issue date of the
administrative citation. All fines assessed shall be payable to the City of San
Bernardino. Payment of a fine shall not excuse or discharge the failure to correct
the violation(s) nor shall it bar further enforcement action by the City; or,
(B) File a Request for Hearing pursuant to ~6.14.080.
6.14.080 Request for Hearing on an Administrative Citation.
Time to file a Request for Hearing. Any recipient of an administrative citation may contest
the citation by completing a Request for Hearing form and returning it to the City Clerk
within fifteen (15) days from the date the citation is served or deemed to have been served.
A failure to file a timely Request for Hearing shall be deemed a waiver of the right to a
32
. I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
')
k
3 hearing on the citation and a failure to exhaust administrative remedies.
4 B. Hearing Officer. The Mayor shall designate the Hearing Officer for the administrative
citation hearing.
5
C. Hearing procedure:
6
(I) No hearing to contest an administrative citation before a Hearing Officer shall be
7 held unless and until a Request for Hearing form has been completed and
submitted.
8
(2) After receipt ofthe Request for Hearing form, a hearing before the Hearing Officer
9 shall be set for a date that is not less than fifteen (15), and not more than sixty (60),
days from the date that the request for a hearing is filed in accordance with the
10 provisions of this Chapter. The applicant shall be notified of the time and place set
for the hearing at least ten (10) days prior to the date of the hearing.
II
(3) The applicant shall be given the opportunity to testify and present evidence
12 concerning the administrative citation.
13 (4) Formal rules of evidence shall not apply.
. 14 D. The administrative citation and any additional documents submitted by the Animal Control
Officer, or other authorized officer, shall constitute prima/ade evidence of the respective
IS facts contained in those documents.
16 E. If the Animal Control Officer, or other authorized officer, submits an additional written
report concerning the administrative citation to the Hearing Officer for consideration at the
17 hearing, then a copy of this report also shall be served by mail on the person requesting the
hearing at least ten (10) days prior to the date of the hearing.
18
F. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall
19 be provided with copies of the reports and other documents submitted or relied upon by the
Animal Control Officer, or other authorized officer. The hearing shall not be conducted
20 according to formal rules of evidence or procedure, but shall be conducted in a manner
generally complying with the Administrative Procedure Act, Government Code ggl1370,
21 et seq.
22 G. The Hearing Officer may continue the hearing and request additional information from the
issuing Animal Control Officer, or other authorized officer, or the recipient of the
23 administrative citation prior to issuing findings of fact and statement of decision.
24 H. Any person who has filed a "Request for Hearing" and has been notified of the time and
date for a hearing pursuant to this Chapter who does not appear at said hearing and does not
25 seek a continuance prior to the hearing shall be deemed to have waived the right to be
present at the hearing, and the hearing shall proceed in their absence.
26
. 1. Hearing Officer's Decision. After considering all of the testimony and evidence submitted
27 at the hearing, the Hearing Officer may immediately issue a verbal decision or may issue
a written decision within ten (10) working days of the hearing. The decision shall include
28 the reasons therefor and the amount of any fine imposed. Said decision shall also include
33
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
any conditions pertaining to the correction of the violation( s) and any time limits set for
said corrections.
If a verbal decision is issued at the hearing, a written decision shall be prepared by the
Hearing Officer and mailed to the applicant within ten (10) working days of the hearing.
The effective date of the decision shall be the mailing date of the written decision to the
applicant.
6.14.090 Failure to Pay Fines.
.
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19 C.
A.
B.
Failure of any person to pay a fine assessed by administrative citation within the time
specified on the citation, or designated by the Hearing Officer as a result of a hearing, shall
result in an assessment of an additional late fee in accordance with the following late fee
schedule:
(I)
Failure to pay the administrative citation, if no appeal is filed, within 15 days after
the date the citation was issued by an officer shall result in a Twenty-Five Dollar
($25.00) late penalty assessed.
(2)
Any fines and late fees which remain outstanding, when no appeal is filed, thirty
(30) days beyond the date the citation was issued by an officer shall have assessed
an additional Twenty-Five Dollar ($25.00) late penalty, for a total of a Fifty Dollar
($50.00) late fee.
The failu.,,; 0f any person to pay an administrative fine within the time frames specified on
the citation, or upon the hearing as ordered by the Hearing Officer, shall be considered a
debt to the City. To enforce that debt, the Director of Animal Control may file a small
claims action or pursue any other legal remedy to collect such money. The City may also
recover its collection costs, along with fines assessed, as established by proof of the cost
of attempts to collect the debt.
It shall be unlawful for any person to fail to abide by any decision of the Hearing Officer.
20 6.14.100 Appeal of Hearing Officer's Decision.
.
21
22
23
24
25
26
27
28
A.
Any decision of the Hearing Officer with regards to this Title may be appealed to the
Animal Control Commission in accordance with this Section.
(I)
The appeal shall be filed with the City Clerk within ten (10) days following the date
of the written decision of the Hearing Officer and shall include the payment of all
applicable appeal fees. The appeal shall be in writing and set forth (a) the specific
action appealed from, (b) the specific grounds for the appeal, and (c) the relief or
action sought from the Animal Control Commission. In the event any notice of
appeal fails to set forth all information required by this section, the City Clerk shall
return the same to the appellant with a statement stating in which respects the
appeal application is deficient, and the appellant shall thereafter be allowed ten (10)
days after the City Clerk mailed the appeal application in which to re- file the
appeal.
A hearing before the Animal Control Commission shall be set for a date that is not
(2)
34
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
.
2
3
4
5
6
7
8
9
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19
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22
less than fifteen (15), and not more than sixty (60), days from the date that the
request for an appeal is filed in accordance with the provisions of this Section. The
person requesting the appeal shall be notified of the time and place set for the
hearing at least ten (10) days prior to the date of the appeal.
(3)
The Animal Control Commission shall consider all evidence that is relevant to
whether the violation(s) occurred and whether the responsible person has caused or
maintained the violation(s) of Title 6 of the San Bernardino Municipal Code on the
date(s) specified in the administrative citation.
The responsible person contesting the administrative citation shall be given the
opportunity to testify and present evidence concerning the administrative citation.
(4)
(5)
The failure of any recipient of an administrative citation to appear at the appeal
heering without good cause shall constitute a failure of said recipient to exhaust
his/her administrative remedies.
(6)
The administrative citation and any additional documents submitted by the Animal
Control Officer, or other authorized officer, shall constitute prima facie evidence
of the respective facts contained in those documents.
(7)
If the Animal Control Officer, or other authorized officer, submits an additional
written report concerning the administrative citation to the Animal Control
Commission for consideration at the appeal, then a copy of this report also shall be
served by mail on the person requesting the hearing at least five (5) days prior to
the date of the appeal.
Formal rules of evidence shall not apply.
(8)
(9)
The Animal Control Commission may continue the hearing and request additional
information from the Animal Control Officer, or other authorized officer, or the
recipient of the administrative citation prior to issuing a written Decision.
(10) The Mayor and Common Council may, by Resolution, establish a fee for the
processing of an appeal.
(11) luposition of any fine ordered by the Hearing Officer shall be held in abeyance, if
an appeal is filed, until the written decision of the Animal Control Commission has
been served as required in g6.14.11 0 herein, plus three days for mailing time.
23 6.14.110 Animal Control Commission's Decision.
.
24 A.
25
26 B.
27
28
C.
After considering all of the testimony and evidence submitted at the appeal, the Animal
Control Commission shall issue a written decision within ten (10) working days of the
hearing to uphold or deny the administrative citation and shall list in the decision the
reasons for that decision. The decision of the Animal Control Commission shall be final.
The recipient of the administrative citation shall be served with a copy of the Animal
Control Commission's written decision by certified and regular mail.
Any person aggrieved by the decision of the Animal Control Commission may obtain
review of such decision by filing an appeal with the Superior Court of the State of
35
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
4
5
6
7
8
9
10
II
12 B.
California, County of San Bernardino, in accordance with the time lines and provisions set
forth in Government Code 953069.4 and Code of Civil Procedure 991094.5 and 1094.6.
6.14.115 Failure to Pay Fine(s) Imposed or Upheld By Animal Control Commission.
A.
.
13
14
IS
16
17
C.
Failure of any person to pay an administrative fine imposed or upheld by the Animal
Control Commission as a result of a hearing shall result in an assessment of an additional
late fee in accordance with the following late fee schedule:
(I)
Any fines which remain outstanding fifteen (IS) days after the Decision of the
Animal Control Commission was mailed shall have assessed a Twenty-Five Dollar
($25.00) late penalty.
(2)
Any fines and late penalty which remain outstanding thirty (30) days beyond the
date the Animal Control Commission mailed its Decision shall have assessed an
additional Twenty-Five Dollar ($25.00) late penalty, for a total of a Fifty Dollar
($50.00) late penalty.
The failure of any person to pay the administrative fine within the time frame ordered by
the Animal Control Commission shall be considered a debt to the City. To enforce that
debt, the Director of Animal Control may file a small claims action or pursue any other
legal remedy to collect such money. The City may also recover its collection costs, along
with fines assessed, as established by proof of the cost of attempts to collect the debt.
It shall be unlawful for any person to fail to abide by any decision of the Animal Control
Commission.
6.14.120 Severability.
The provisions of this Title are severable, and, if any sentence, section, or other part of this
18 Title should be found to be invalid, such invalidity shall not affect the remaining provisions, and
the remaining provisions shall continue in full force and effect.
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
. 27 III
28 III
36
.
.
,
26
. 27
28
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
5 day of
,2001, by the following vote, to wit:
6 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACk
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24 By: L t. ~~
25 U
City Clerk
The foregoing Ordinance is hereby approved this
day of '
,2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
37
,
L'herylee Davis Deyoung
(909) 885-1329
November 19, 2001
I'm here to speak against the Animal Control revisions. Ms Lien has worked very hard in ignoring
all the experts that have spoken at the various hearings. Ibis bill is blatenly anti animal. This bill is
not written to improve the conditions fOr animals nor to improve their quality of life. But rather to
make it worse.
The cat section completely ignores the problem of cat overpopulation ... the backyard,
unauthorized breeding of thousands of unneutered cats every year. These cats belong to families
and are otten the only pet. The resulting kittens arc passed over the fence unvaccinated and
unneutered and start the cycle all over again Limiting the number of cats a person can have won't
stop this problem at all.
This bill hurts the people that neuter their cats and keep them indoors. These people will
often take pity on a kitten at the adoption places and take another one in even though they a1ready
have several. In the future they won't.
Ibis bill will hurt the adoption agencies and even the local pound as fewer animals will be adopted
out but the number of backyard kittens being produced will continue to grow. More and more
kittens will be killed needlessly.
This bill will hurt me. I am a CF A licensed cat fancier. I have 22 Cats, 10 of whom are
elderly retired show cats no longer able to breed. For me to maintain a breeding program I need
several studs and a variety of females. The mongrel dog in the next yard produced more off spring
last year than I did. These puppies were passed over the fence unneutered, unvaccinated,
unconfined several were found dead on the street later.
There are no laws you can pass, that would be as strict as the laws governing fanciers in
CF A, and they can and do enforce theirs. This ~ pretty much the same for all registered animals.
But registered cats, goats, horses, pigs etc. are'\f.;e problem. It's the backyard breeder that is the
problem. And this law doesn't address them at all.
Ibis bill also does not address the feral cat problem. Those of us that arc actively engaged
in trapping and neutering these cats will be hurt. We need feral cats. They are environmentalJy
important to our community. They keep disease under contro~ but we just don't need ~ 80
many of them. ~ c.r. re
If San Bernardino were to embark in an aggressive neuter/spay program for the back yard
and feral cat, fOr even one year, you would see a SIgnificant drop in the number of kittens turned
in to the pound and number of animals destroyed.
This bill does not fIx the animal problems, it only hurts those people trying to. Please vote
no
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**FOR OFFICE USE ONLY - NOY.A PUBLlCDOCUMENT.~l.t: A
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'-,...,, RECORDS & INFORMATION MANAGEMENT PROGRIVA
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AGENDA ITEM TRACKING FORM
Meeting Date/Date A 0 ted: J-)- 0 2----
Resolutio A1C - III "I
,
Effective ..) - 7- (J 2-
Vote: Ayes: / - 7
Abstain: ~
Date Sent to Mayor: / - Y - C' "-----
Date of Mayor's Signature:
Date Summary Sent to Attorney: I.. if- - 0 L-..
Date Published:
Meeting Type:
Continued From/To 8. Item No.
Item No. ~
Ordinance Urgency: Yes
Tennination/Sunset Date:
Nays: ~
Absent: -e---
Date Returned from Mayor:
1(51
/1,J/N
/
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
Date Sent for Signature: To Whom:
""'''""' 0",,, . ~ v>>:' _m"'_.::/~
COPiesDistributed~~'~~
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action 8. Staff Report Attached: Yes
Notes: if~J;..( M.- - 1-9-J:]./
No
Ready to File:
Date:
IXXUMENT lOCA noN:
fOIoMSIApIda 11m TradcinI Fomt .cc Fomt No. III .1Mt lJod;Iad: IQV4I1t!6
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